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Paper eres2010_181:
STATE REGULATION OVER PROPERTY RIGHTS TRANSFERRED TO INDIGENOUS PEOPLES THROUGH THE TREATY SETTLEMENT CLAIMS PROCESS IN NEW ZEALAND

id eres2010_181
authors Hill, Lawrence
year 2010
title STATE REGULATION OVER PROPERTY RIGHTS TRANSFERRED TO INDIGENOUS PEOPLES THROUGH THE TREATY SETTLEMENT CLAIMS PROCESS IN NEW ZEALAND
source 17th Annual European Real Estate Society Conference in Milan, Italy
summary It is correct to conclude that, in many instances, indigenous peoples have incurred harm as a result of western colonisation. And it is also correct to ensure reparation for that harm is both sought from and, where appropriate, effected, by the State. However, whilst reparation agreements have been negotiated, often the corresponding obligations or duties that arise from the transfer of State ‘assets’ to indigenous peoples are not properly accounted for. This paper looks at some newly created rights and the absence of State control over those rights. In particular, this paper analyses rights created in lakebeds, riverbeds, the foreshore and, the seabed in New Zealand. It also explores the apparent lack of, or lag in, legislation providing local authorities (or town councils) with sufficient flexible powers to set, assess, and, collect rates and other ‘land’ based taxes to fund their usual activities from these newly created rights. However, the traditional definitions of land improvements may need to be revisited to incorporate ‘things’ that historically have not been considered real estate. Finally, this paper considers whether, in a modern world, traditional definitions can survive or a new species of property rights need to be created.
keywords Foreshore, Government Policy, Improvements, Indigenous People, Lakebed, Land, Land Tax, Legislation, Maori, Obligations, Property Rights, Property Tax, Rating, Real Estate, Regulation, Riverbed, Seabed, Settlement Claims, Taxation, Treaty Settlement, Treaty of Waitangi, Western Colonisation
series ERES:conference
email lawrence.hill@lincoln.ac.nz
more http://www.eres2010.org/index.asp?page=papers_download
content file.ppt (2,095,104 bytes)
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ratings
session Government Policy & Regulation in the Real Estate Sector (2)
last changed 2010/08/04 20:47
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